According to a Nassau County Grand Larceny Attorney, the defendant was originally charged with a felony violation of Grand Larceny in the Fourth Degree, which was subsequently reduced to the class A misdemeanor charge of petit larceny, upon the application of the People.
Subsequently, the People made an application to dismiss the misdemeanor charge in order to further the interests of justice. The People’s application was granted by the Court, and the accusatory instrument was dismissed. The People allege that the application for dismissal was made because of the People’s inability to contact the complainant. Now the People have made a motion for an order to restore the above-entitled action to the calendar to allow the People to reprosecute this case on the original felony charge of violating PL Sec. 155.30, Grand Larceny in the Fourth Degree.
A Nassau County Criminal Lawyer said the Criminal Procedure Law fails to bar renewed prosecution of a misdemeanor charge that has been dismissed in the interest of justice upon the People’s motion pursuant to CPL Sec. 170.30 subd. (1)(g). However, this does not appear to be a legislative oversight since the legislature did provide for a bar to renewed prosecutions in other situations. Section 210.20 of the CPL provides that reprosecution of an indictment is barred where the indictment has been dismissed due to immunity, double jeopardy, statute of limitations, and denial of speedy trial. However, Section 210.20 provides that where an indictment had been dismissed in the interest of justice, pursuant to 210.20 subd. (1)(i), the Court may, upon application of the People, authorize the People to submit the charge to the grand jury. Accordingly, a superior court has the statutory authority to grant reprosecution of a felony charge where the indictment had been previously dismissed in the interests of justice.
A Nassau County Petit Larceny Lawyer said that, in similar manner, the District Court should have the authority to grant reprosecution of an accusatory instrument on a misdemeanor charge where the accusatory instrument was originally dismissed in the furtherance of justice pursuant to CPL Sec. 170.30. There is nothing in the Criminal Procedure Law which forbids the reinstatement of a misdemeanor prosecution. Furthermore, there is no double jeopardy involved since double jeopardy does not attach until a witness is sworn at trial.
According to a Nassau County Grand Larceny Attorney, the People shall be permitted to reprosecute the defendant on the misdemeanor charge of violating PL, petit larceny. However, the People are not permitted to reprosecute the defendant on the felony charge of violating Grand Larceny in the Fourth Degree. In the instant case, the felony charge was reduced to a non-felony charge, by converting the felony complaint into a local criminal accusatory instrument. Once the felony complaint is converted into an accusatory instrument, the Court must dismiss the felony complaint. There is no statutory authority that allows the Court to reinstate a felony complaint after the felony complaint has been dismissed upon conversion to a local accusatory instrument.
Accordingly, the People are permitted to reprosecute the defendant on the misdemeanor charge of violating PL Sec. 155.25, petit larceny, but not on the previous felony charge of violating PL Sec. 155.30, Grand Larceny in the Fourth Degree. The Clerk of the Criminal Court is directed to restore the above-entitled action to the calendar. Hence, the People’s motion for an order restoring the above-entitled action to the calendar is granted to the limited extent stated herein.
To know more about the downgrading of offenses and its effects, seek the assistance of a Nassau County Criminal Attorney or the Nassau County Robbery Lawyer of the Stephen Bilkis & Associates. If you find yourself in the same situation as in the case at bar, contact our robbery and criminal attorneys at our toll free number or visit our office near you.
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